Dara Calleary (Mayo, Fianna Fail)
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The industrial dispute involving workers from the company in question resulted from workers' concerns over the company's cost cutting proposals, involving redundancies and the introduction of new contracts of employment for the remaining workforce. The issues were referred to the Labour Court under section 20(1) of the Industrial Relations Act 1969. The union undertook to be bound by the court's recommendation. The Labour Court hearing took place on 28 September 2009. The company did not attend the court hearing, but provided a written statement setting out its position on the matters in dispute. The Labour Court issued its recommendation on 12 October 2009. The Labour Court recommended that the company should pay redundancy terms of six weeks pay per year of service, inclusive of statutory entitlement. Any outstanding issues that could not be agreed between the parties, including the issue of selection criteria for redundancy, should be referred to an arbitrator for final decision. I understand that the company agreed to accept the Labour Court recommendation. Subsequently, a resolution to several issues in dispute was achieved at talks between the company and the union. In November 2009, the Labour Court nominated Mr. Finbarr Flood as arbitrator to consider the remaining outstanding issues. The arbitrator met the parties and issued his final and binding decision to the parties. In my view, the experience and expertise of the Labour Court undoubtedly offers the best avenue for resolving the issues in this difficult dispute. In this context, I urge the company to give positive consideration to the court's recommendation on the dispute and to abide by the final decision made by the arbitrator appointed by the court in this matter. In view of the renewed contacts pursued in a constructive spirit between the parties subsequent to the Labour Court's recommendation, I urge both sides to bring that same spirit to bear on the current situation.